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ALABAMA v. SHALALA

Civil Action No. 99-A-271-N.

124 F.Supp.2d 1250 (2000)

The State of ALABAMA, Plaintiff, v. Donna E. SHALALA, Secretary, United States Department of Health and Human Services, Defendant.

United States District Court, M.D. Alabama, Northern Division.

December 15, 2000.

Attorney(s) appearing for the Case

Billington M. Garrett, Office of the Attorney General, Montgomery, AL, Jerry Carpenter, Alabama Department of Finance, Montgomery, AL, Malcolm J. Harkins, III, William R. Cowden, Proskauer Rose LLP, Washington, DC, for plaintiff.

Kenneth E. Vines, Redding Pitt, U.S. Attorney, U.S. Attorney's Office, Montgomery, AL, Bruce R. Granger, U.S. Department of Health & Human Services, Atlanta, GA, David W. Ogden, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, Sheila M. Lieber, John R. Griffiths, U.S. Department of Justice, Federal Programs Branch, Civil Division, Washington, DC, Elise Harris, U.S. Department of Health & Human Services, Atlanta, GA, for defendant.

MEMORANDUM OPINION

ALBRITTON, Chief Judge.

I. INTRODUCTION

The State of Alabama ("Alabama") appeals an administrative decision by the Departmental Appeals Board ("DAB") upholding Donna E. Shalala's (the "Secretary") decision in her capacity as Secretary of the United States Department of Health and Human Services ("HHS") to disallow certain costs paid to Alabama by the federal government. In particular, Alabama challenges...

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